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TMI Blog2006 (10) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... orporation of India Ltd. as barred by limitation. The department has argued in the appeal that refund of security deposit made by the importer for the purpose of importing goods under Project Import Regulations is a payment of duty for the purpose of Section 27 of the Customs Act, 1962. It is also argued that only in the case of cash deposit where the same is paid by way of security deposit, the grant of refund will not be regulated by provisions of Section 27. 2. Learned Advocate for the respondent has produced a copy of Bill for miscellaneous charges for payment of the impugned amount. The amount is described as security deposit on account of project registration in the bill. He claims that provisions of Section 27 are not attracted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rguments contained in the appeal. 3. I have gone through the case records and carefully considered the submissions. Section 18 of the Customs Act reads as follows :- 18. (1) Notwithstanding anything contained in this Act but without prejudice to the provisions contained in Section 46 - (a) where the proper officer is satisfied that an importer or (a) exporter is unable to produce any document or furnish any information necessary for the assessment of duty on the imported goods or the export goods, as the case may be; or (b) where the proper officer deems it necessary to subject any imported goods or export goods to any chemical or other test for the purpose of assessment of duty thereon; or (c) where the importer or the exporter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 9B provides for provisional assessment in situations specified in clauses (a), (b) and (c) of sub-rule (1). The goods provisionally assessed under sub-rule (1) may be cleared for home consumption or export in the same manner as the goods which are finally assessed. Sub-rule (5) provides that when the duty leviable on the goods is assessed finally in accordance with the provisions of these Rules, the duty provisionally assessed shall be adjusted against the duty finally assessed, and if the duty provisionally assessed finally falls short of or is in excess of the duty finally assessed, the assessee shall pay the deficiency or be entitled to a refund, as the case may be . Any recoveries or refunds consequent upon the adjustment under su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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